JSB171 Lecture Notes - Lecture 1: Australia Post, Natural Justice, Administrative Appeals Tribunal
Document Summary
Merits review involves a reconsideration of all aspects of the original decision law, fact, discretion and policy. Inquiry into what is the correct (legal) or preferable (just/fair)" decision: re becker v miea; drake v miea. Generally inquisitorial (can inform themselves of anything that they want); of original decision maker; : e. g. aat act s33(1)(b) requiring little formality and expediency as the. Internal review: where the government agency making the decision reviews the decision made itself: would allow for an expedient, cost-effective, administrative body conscious way of reviewing a decision; However, may also inflame tensions between applicant and department, discourage good primary decision- making, or impede formal review. Not a court its functions are clearly administrative, so the fact that it has similarities to a court is irrelevant. Commonwealth: centralised aat with specialist panels, but shared facilities (e. g. registry), rules etc. Queensland: piecemeal approach: number of small specialised tribunals constantly under review for amalgamating into a generalist tribunal (like aat).
